Alabama House of Representatives passes bill that would ban texting while driving

MONTGOMERY -- The Alabama House of Representatives voted 86-2 Thursday to make it illegal to send text messages while driving.

House members said the bill will keep drivers, particularly teens, safer. But a few legislators questioned how enforceable it would be.

"Everybody knows we are going to save lives with this bill," sponsor Rep. Jim McClendon, R-Springville, said after it passed.

"The purpose of this bill is to keep the eyes on the highway and the hands on the wheel," McClendon said.

Thirty states, the District of Columbia and Guam ban text messaging while driving, according to the National Highway Traffic Safety Administration. McClendon has been trying to get Alabama to pass a such a ban for the last four years.

The legislation would make it illegal to send a text message, email or instant message while driving. Voice-operated text messaging would be exempted from the ban. The bill levies a $25 fine for the first offense, $50 for the second offense and $75 for the third. An offense would put two points on a motorist's driving record.

Some legislators said the larger problem is distracted driving, including talking on cell phones without a hands-free device. Although the bill found few opponents, some legislators said it could be difficult to enforce.

"Am I texting now?" Rep. Alvin Holmes, D-Montgomery, asked while holding his phone at the House microphone.

"I don't know," McClendon replied.

"He can't see it, and the police officer can't see it either. .¤.¤. That's the reason this bill is no good," Holmes said.

McClendon said officers must make all sorts of observations while enforcing traffic laws. He said it would be no different from an officer stopping a driver for another infraction.

"When I drive home today I promise you I will drive by people who are texting and driving, and I can see them. They are usually slowing down in the inside lane. I can see them with their hands in front of them like this, driving with their elbows," McClendon said, holding his hands in front of him. "There is no question in my mind what they are doing."

McClendon said a major impact of the bill will be to try to deter teens from texting and driving.

"Probably the strongest part is when the teens leave the house, the parents can say it is against the law," McClendon said.

Under the bill, a police officer could pull a motorist over for texting and driving. The traffic stop would not have to be made in conjunction with another violation.